Did You Suffer Orthopedic Errors Due to Medical Malpractice in Portland, Oregon? Call Our Experienced Medical Malpractice Lawyer in Portland for Help
Medical malpractice occurs when a medical professional such as a nurse, doctor, midwife, advanced practice provider or any other type of medical provider fails to provide medical treatment within the applicable standard of care. There are many different areas where patients can experience medical malpractice leading to harm. One common specialty in which medical malpractice occurs is orthopedics. When orthopedic errors due to medical malpractice in Portland, Oregon harm an innocent patient, it can affect the patient and his or her entire family. The damages can be significant and life changing. Individuals who have suffered serious or catastrophic personal injuries due to orthopedic medical malpractice in Oregon should contact our experienced medical malpractice lawyer in Portland for help.
Here at Kuhlman Law, our experienced and compassionate staff of legal professionals can help victims and their families fight back after medical malpractice in Oregon. We will not let insurance carriers and defense lawyers protect dangerous doctors. If you or a loved one were seriously injured due to the medical malpractice of a healthcare provider, hospital, office, practice group, or any other individual, especially an orthopedist, contact our experienced medical malpractice lawyer in Portland to schedule a FREE consultation.
What is Orthopedic Medicine?
Orthopedic medicine refers to the specialty in which a patient is treated for a condition affecting their bones, muscles, nerves, or joints. Common conditions that orthopedic medical providers treat include broken bones, hip or knee conditions, arthritis, spine conditions, osteoporosis, bone tumors, sports injuries, or any other medical condition affecting the muscles, nerves, bone, or joints.
Orthopedists and orthopedic surgeons are medical professions who work with patients who have these conditions, but nurses, advanced practice providers, and other medical professionals treat orthopedic medicine patients as well. Most orthopedists are organized into practice groups, or offices with a group of physicians and support staff.
Common Orthopedic Surgeries and Procedures in the United States
Orthopedic surgery is a specialized field of medicine that focuses on the treatment of musculoskeletal conditions. These conditions can range from congenital disorders, sports injuries, degenerative diseases, trauma, and other conditions. In the United States, there are several common orthopedic procedures that are performed to treat these conditions.
- Knee Replacement Surgery: Knee replacement surgery is a common procedure that is performed to replace a damaged or arthritic knee joint with an artificial joint made of metal and plastic components.
- Hip Replacement Surgery: Hip replacement surgery is another common procedure that is performed to replace a damaged or arthritic hip joint with an artificial joint made of metal and plastic components.
- Arthroscopy: Arthroscopy is a minimally invasive surgical procedure that allows orthopedic surgeons to visualize, diagnose, and treat joint problems using small incisions and a fiber-optic camera.
- Spinal Fusion Surgery: Spinal fusion surgery is a procedure that is performed to treat spinal conditions such as degenerative disc disease, scoliosis, and spinal fractures. It involves fusing two or more vertebrae together to create a single, solid bone.
- Rotator Cuff Repair: Rotator cuff repair is a surgical procedure that is performed to repair a torn rotator cuff in the shoulder. The procedure involves reattaching the torn tendon to the bone using sutures or anchors.
- Carpal Tunnel Release Surgery: Carpal tunnel release surgery is a procedure that is performed to relieve the symptoms of carpal tunnel syndrome, which is caused by compression of the median nerve in the wrist. The procedure involves cutting the ligament that is pressing on the nerve to relieve the pressure.
These are just a few examples of the common orthopedic procedures performed in the United States. It is important to note that each case is unique and may require a different approach or combination of treatments based on the patient’s individual needs and condition.
Injuries Caused by Orthopedic Malpractice
Orthopedic medical malpractice can lead to many different injuries. Some of the most common examples of injuries caused by medical malpractice include the following:
- Performing the wrong procedure
- Performing surgery on the wrong body part (i.e. on the wrong leg or arm)
- Failing to diagnose an orthopedic condition
- Diagnosing the wrong orthopedic condition
- Performing an unnecessary orthopedic surgery
- Failing to remove surgical sponges or other instruments during an orthopedic surgery
- Failing to diagnose and treat medical complications that arise from an orthopedic surgical procedure
- Infection caused by an orthopedic procedure due to inadequate sterile technique
- Performing surgery on the wrong patient
- Other examples of orthopedic malpractice include medical providers with insufficient training performing an orthopedic procedure that leads to patient harm
- Injuries made by clerical errors in a patient’s record
- Other injuries caused by orthopedic malpractice
Individuals Who Can Be Held Liable For Orthopedic Medical Malpractice
There are many different individuals who may be responsible for orthopedic medical malpractice. While most often it is the orthopedic surgeon who causes medical malpractice, there are other medical providers who can cause orthopedic medical malpractice as well. If a patient has an orthopedic surgery and a nurse fails to adequately manage the wound, gives the wrong medication or wrong dose of medication, or fails to use sterile technique during a dressing change which leads to an infection, they may be held liable for medical malpractice.
In some cases, it can be a chain of events that lead to medical malpractice, with multiple parties being responsible. The hospital itself may be held responsible if the same error keeps occurring leading to patient harm, or if the hospital is aware of a problem with a physician that is not addressed and it leads to patient harm.
Device or implant manufacturers may also be liable if a part leads to patient harm and. Is not recalled, and a doctor who uses a known recalled part on a patient which leads to patient harm may also be held liable. If a medical implant or device manufacturer is made liable, they would likely be liable under a products liability law, not medical malpractice.
Legal Consequences in a Medical Malpractice Claim
If a patient is harmed due to orthopedic medical malpractice, they may file a lawsuit for damages. If the orthopedic medical malpractice led to patient death, the victim’s family may also be able to sue for damages. Damages are a remedy to try to compensate the victim as much as possible for any injuries sustained. Most of the time, damages are awarded in the form of compensation.
The goal of damages is to cover any financial costs that have or will occur as a result of the error that was made, and in some cases victims can receive damages for pain and suffering. Essentially, damages are awarded to help make a victim whole again. Additional legal consequences include revoking or suspending the orthopedic surgeon, nurse, or other responsible party’s license.
How is Medical Malpractice Proven?
It can sometimes difficult to prove that medical malpractice has occurred. In order to successfully file a medical malpractice case, it must fulfill the four elements of medical malpractice. These four elements include the following:
- The doctor had a duty of care for that patient
- There was a breach in this duty of care
- The breach caused direct injury to that patient
- The patient suffered losses as a result of the injury caused by medical malpractice
If all four of these elements are not fulfilled, you will not be able to successfully file an orthopedic medical malpractice claim.
How Kuhlman Law Can Help You After Orthopedic Errors Due to Medical Malpractice in Oregon
Our medical malpractice lawyer in Portland, Oregon has experience successfully recovering damages for orthopedic malpractice victims. We will review your case for FREE and determine if you may have a medical malpractice case. If needed, we may hire expert witnesses to testify on your behalf. It is always a good idea to work with an experienced orthopedic malpractice attorney who provide you with the greatest opportunity for recovery of damages.
You would only be responsible for paying our firm our fees if we successfully recover damages for you. This typically is a certain percentage of the damages we recover for you. While you may be tempted to handle the case yourself, it is incredibly difficult to successfully file and win damages for your own case without the background knowledge or law and medicine which is why we encourage you to call our firm today to speak with one of our experienced orthopedic malpractice lawyers.
Do You Need an Orthopedic Medical Malpractice Lawyer in Portland, Oregon? Call Kuhlman Law
If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form. We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.
Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton, Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles, St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.
We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.